Advancing Human Rights in the International Investment Law Regime Through Effective Public Participation : A Kenyan Perspective

Abstract

This research addresses the need to foster human rights in the international investment law (IIL) regime through public participation in Kenya. It highlights the asymmetrical nature of IIL and the need to balance competing foreign investor rights and public interest concerns, particularly human rights in host states. It buttresses the vital role that IIL can play in the socio-economic growth of developing countries, more so, its role in the sustainable development agenda. This research spotlights the increasing human rights concerns in the proliferated foreign direct investments in the natural resources and infrastructure development sectors in Kenya while proposing innovative solutions to this problem through avenues for effective public participation as provided for in the existing international, and domestic legal, and policy frameworks. Lastly, this research analyzes the deficiencies of investor-state arbitration in IIL in providing access to remedy to victims of business-related human rights claims against foreign investors and proposes alternative participatory and more efficient judicial and non-judicial grievance mechanisms that can potentially enhance access to justice and ultimately human rights protection in the IIL regime in Kenya.